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SIMMONS v. STATE

No. 29, Sept. Term, 2013.

81 A.3d 383 (2013)

436 Md. 202

Stephen SIMMONS, v. STATE of Maryland.

Court of Appeals of Maryland.

December 18, 2013.

Attorney(s) appearing for the Case

Allison Pierce Brasseaux , Asst. Public Defender ( Paul B. DeWolfe , Public Defender of Maryland, Baltimore, MD), on brief, for petitioner.

Sarah Page Pritzlaff , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent.

Argued before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, MCDONALD and DALE R. CATHELL (Retired, Specially Assigned), JJ.

GREENE, J.

"In criminal prosecutions, the polygraph test is a pariah; `polygraph' is a dirty word." State v. Hawkins, 326 Md. 270, 275, 604 A.2d 489, 492 (1992). In this case, we consider whether defense counsel's reference, during opening statement, to his client's willingness to take a lie detector test creates manifest necessity for a mistrial, where the trial judge gave a curative instruction...

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